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Statutory Residence Test - HM Revenue & Customs

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The statutory residence test<br />

Second automatic overseas test<br />

1.6 You were resident in the UK for none of the three tax years preceding the<br />

tax year, and you spend fewer than 46 days in the UK in the tax year.<br />

Third automatic overseas test<br />

1.7 You work full-time overseas over the tax year, without any significant<br />

breaks during the tax year from overseas work, and:<br />

<br />

<br />

you spend fewer than 91 days in the UK in the tax year,<br />

the number of days in the tax year on which you work for more than<br />

three hours in the UK is less than 31.<br />

Paragraph 1.10 explains how to calculate whether you have worked sufficient<br />

hours overseas to count as full-time work overseas.<br />

1.8 The third automatic overseas test does not apply to you if:<br />

<br />

<br />

you have a relevant job on board a vehicle, aircraft or ship at any time<br />

in the relevant tax year, and<br />

at least six of the trips you make in that year as part of that job are<br />

cross-border trips that:<br />

begin in the UK<br />

end in the UK, or<br />

begin and end in the UK.<br />

1.9 If you do not meet any of the automatic overseas tests, you should look at<br />

the automatic UK tests. If you meet any of the automatic UK tests you are<br />

resident in the UK for the tax year. If you do not meet any of the automatic UK<br />

tests you will need to consider the sufficient ties test.<br />

For the application of the automatic overseas tests to deceased individuals,<br />

please see Section 4.<br />

Do you work full-time overseas?<br />

1.10 You will be considered to work full-time overseas if you work for sufficient<br />

hours overseas as calculated over the tax year in the case of the third<br />

automatic overseas test, or other relevant period in the case of split year<br />

Cases 1 or 6. To calculate if you work sufficient hours overseas, take the<br />

following steps (for deceased persons follow the steps given at paragraph<br />

4.4):<br />

Step 1<br />

Identify any ‘disregarded days’: these are any days in the tax year, or the<br />

relevant period in the case of split years, on which you work for more than<br />

three hours in the UK, including those days when you also do some work<br />

overseas on the same day.<br />

RDR3 10

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